Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(g) -- Wrongful dispossession - Allegation that accused not only blocked the passage of complainant but they have also encroached upon land belonging to complainant by erecting boundary wall - However, there is no evidence on record that land came to be occupied by accused after..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit barred by law - Partition suit - Question as to whether suit is maintainable or not or whether plaintiffs are entitled for relief of partition, would have to be adjudicated after evidence is lead by both the parties - It cannot be concluded that suit is barred and plaint is liable to rejected..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity - Partition suit - Paternity of plaintiff/son is disputed by defendant/father - It is thus, necessary to decide whether plaintiff is son of defendant or not, for which DNA test is essential - Application for DNA test allowed - However, liberty is granted to defendant to comply with or disregard order requiring parties..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - For bringing fact on record regarding change in structure standing on suit property - Suit filed for general partition - Super structure standing on property in strict sense cannot be said to be a matter in issue or a fact in dispute - Considering nature of suit, condition of suit property..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property : (i) The provisions contained in substituted S.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities; (ii) The rights can be claimed by the daughter born..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property : (i) The provisions contained in substituted S.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities; (ii) The rights can be claimed by the..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(2)(ii) -- Eviction petition - In said petition, partition deed was filed - Perusal of order passed by Rent Controller would go to show that R.C.O.P itself has been filed for eviction and in said petition partition deed was marked - Since rights of party has been given effect to in said document..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
